• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.365-387
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• 2000

One of the central and primary doctrine of the law of marine insurance is that the contract of indemnity entered into by assured and insurer is a contract of the utmost good faith. The notion of utmost good faith is a well established doctrine derived from the celebrated case of Carter v. Boehm(1766), decided long before the inception of the Marine Insurance Act(MIA). With the codification of the law, the principle found expression in sections $17{\sim}20$ of the MIA 1906. In section 17 is presented the general duty to observe the utmost good faith, with the following sections introducing particular aspects of the doctrine, namely, the duty of the assured and brokers to disclose material circumstances, and to avoid making misrepresentations. It is somewhat surprising that section 17, being a long founded doctrine, has not attracted the attention of the courts until very recently. Given that the most significant manifestations of uberrimae fidei are non-disclosure and misrepresentations, fulfillment of the obligation of utmost good faith was, not unreasonably, for a long time perceived in terms of the duty to disclose and not to misrepresent. However, Black King Shipping Corporation v. Massie, 'Litsion Pride'(1985) has clarified that the duty of disclosure stems from the duty of utmost good faith, and not vice versa. The duty of utmost good faith is an independent and overriding duty, with the ensuring sections on disclosure and representations providing mere illustrations of that duty. It is now clear that there are important questions with regard to the general doctrine and as to the nature and scope of any duty of good faith continuing after the contract of insurance is made which require separate and fuller discussion. The purpose of this paper is to review the nature and scope of the duty of utmost good faith.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.411-437
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• 2000

It is unsafe to attempt a complete definition of the expression 'perils of the seas', because in practice the question 'what is a peril of the seas' is inextricably woven up with the further question, 'was the loss proximately caused by the sea peril ?' Such casualties as stranding, collision and heavy weather appear with monotonous regularity in the daily reports, and are the obvious examples. However, what can be included in the term 'perils of the seas' seems to be inexhaustible, although most circumstances appear to have been covered by the Courts. Two cases heard in 1887 were instrumental in defining perils of the seas. In The Xantho Lord Herschell made the following remarks: "The term ... does not cover every accidents or casualty which may happen to the subject matter of insurance on the sea. It must be a peril 'of' the sea. Not every loss or damage of which the sea is the immediate cause is covered by these words. They do not protect, for example, against that natural and inevitable action of the winds and waves which results in what may be described as wear and tear. There must be some casualty, something which could not be foreseen as one of the necessary incidents of the adventure. The purpose of the policy is to secure an indemnity against accidents which may happen, not against events which must happen. ... If a vessel strikes upon a sunken rock in fair weather and sinks, this is a loss by perils of the sea."

• Journal of the Korean Institute of Navigation
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• v.18 no.3
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• pp.51-79
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• 1994

Section 55 (1) of the Marine Insurance Act 1906 states that the insurer is liable for any loss proximately caused by a peril insured against but is not liable for any loss not proximately caused by a peril insured against. It is, therefore, essential to determine whether it is to be recoverable under the Marine Insurance Policy attaching the Institute Cargo or Hull Clauses. But a number of important losses are excluded from the policy by subsection 2 of the same section, unless the policy otherwise provides, although these losses are proximate causes of them. The purpose of this study is to investigate the meaning of proximate cause and excluded losses in the Act. The method of this study is a literature survey. In summary, (1) if the loss is considered to have been proximately caused by a certain peril, and the peril is insured against, the claim is recoverable, (2) if there are different causes resulting in separate losses, the claims recoverable will be those due to insured perils, (3) when the effective cause of the loss is established, remote causes can be ignored, (4) when causes of loss are combined, the claim is recovera-ble if the cause which is proximate in efficiency is an insured peril, (5) if there are two causes, equal in efficiency, the loss is recoverable if one of the causes is an insured peril, but always providing the other cause is merely an uninsured peril rather than a specific exclusion, (6) although certain losses are exclu-ded by section 55 (2) of the Act, with the exception of wilful misconduct of the insured, it is permitted for provision to be made in the policy to widen the terms to include such losses.

• Journal of Distribution Research
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• v.4 no.3
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• pp.1-22
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• 2000

Many foreign freight forwarders make inroads into domestic markets. Korean freight forwarders are not competitive on th domestic logistics area because of higher customer services by foreign freight forwarders in Korea. The purpose of this research is to analyze degree of satisfaction on customer services attributes of freight forwarders in Korea, and to strengthen the competitiveness of customer services by Korea freight forwarders in contrast to foreign investment freight forwarders in Korea. The results of the research could be summarized as follows.: When freight forwarders are selected, the most important customer service attributes have been ranked in order with 'the accuracy management of shipping order' , the reasonable offers of freight rate' and 'the quick arrangement of vessels' when freight forwarders are selected.

• Proceedings of the Korea Inteligent Information System Society Conference
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• 2002.05a
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• pp.149-166
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• 2002

국내·외 사회 전 분야의 급속한 전자상거래 발전에 따라 해운·항만 분야에도 인터넷 사업의 진출기회가 확대되고 전략적 활동이 증가하고 있다. 그 중에서도 인터넷을 기반으로 세계가 하나의 시장으로 통합되는 경향을 보이고 있어 기업의 활동 범위가 광역화되고 있으며, 시간과 장소의 통합이 기업간 거래에서 중요시 되고 있다. 지금 세계 각 국은 해상연계 물류, 무역 등 물품의 중개 관련 사이트 및 선박 운송에 따른 각종 해운관련 서비스를 가상 공간에서 제공하는 사이버 해운 시장의 선점 및 구축에 모든 힘을 쏟고 있다. 해상 운송에 따른 각종 수송서비스를 생산, 공급하는 경제활동을 해운 활동이라 한다. 해운 시장의 불확실성, 다변성, 국제성, 개방성을 특성으로 하는 해운 거래는 전자상거래를 통해 효율적으로 처리될 수 있다. 즉, 해운 거래의 비용 감소와 양질의 서비스로 선주, 화주 등 거래 당사자들의 만족도를 높일 수가 있다. 이에 따라 국내에서도 오프라인상의 해운 거래소가 사이버 해운거래소로 옮겨질 예정이다. 가상 공간을 통한 해운 거래의 구체적인 장점은 다음과 같다. 구매업체는 기존 공급업체에 대한 접근 및 새로운 공급업체의 확보가 용이하며, 경쟁 입찰 등을 통해 저렴한 비용으로 물품을 구입할 수 있다. 판매 업체의 경우 채널 확장이 가능하며 판매비를 절감할 수 있다. 또한 e-Marketplace의 입장에서 보면 해운 산업 전체를 위한 새로운 시장을 형성할 수 있으며, 이를 통해 지속적인 수익 창출도 가능하다. 이러한 해운 거래의 B2B e-Marketplace의 출현은 향후 해운 거래의 새로운 패러다임으로 자리 잡을 것이다. 사이버 해운 거래소는 선박 매매와 용선, 화물 거래를 위한 선·화주의 연결, 표준화된 카탈로그 구축, 각종 전자문서 생성, 전자 결제, 온라인 보험 가입, 해운 선용품 판매 및 관련 정보 제공 등 해운 거래를 위한 종합적인 서비스가 제공되어야 한다. 이를 위해, 본문에서는 e-Marketplace의 효율적인 연계 방안에 대해 해운 관련 업종별로 제시하고 있다. 리스트 제공형, 중개형, 협력형, 보완형, 정보 연계형 등이 있는데, 이는 해운 분야에서 사이버 해운 거래가 가지는 문제점들을 보완하고 업종간 협업체제를 이루어 원활한 거래를 유도할 것이다. 그리하여 우리나라가 동북아 지역뿐만 아니라 세계적인 해운 국가 및 물류 ·정보 중심지로 성장할 수 있는 여건을 구축하는데 기여할 것이다.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.3-36
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• 2016

Recently, the Supreme Court of Korea delivered a milestone judgment about air related multimodal transport. At there, the mattered cargo, some expensive jewellery, was transported from Qingdao, China to downtown office of consignee at Seoul via Incheon airport in Korea. As an air waybill was issued in this case, there was an air transport agreement between consignor and air courier operator. After arriving at Incheon airport, the shipment was transport by land arranged by the air courier operator, who was a defendant in this case. Upon arriving at the final destination, it was found that the jewellery was lost partly and based on circumstantial evidence, the damage presumed to be occurred during the land transport. As a subrogee, the insurance company who paid for consignee filed an action against the air courier operator for damage compensation. Defendant contended that Montreal convention should be applicable in this case mainly for limited liability. The lower court of this case confirmed that applying the limited liability clause under Montreal Convention is improper under the reason that the damage in this case was or presumed to be occurred during surface transport. It was focused on the Montreal Convention article 18 which says that the period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. However, the Supreme Court overturned the lower court's decision. The delivered opinion is that the terms of condition on the air waybill including limited liability clause should be prevailed in this case. It seems that the final judgment was considered the fact that the only contract made in this case was about air transport. This article is for analysis the above decisions from the perspective that it is distinguishable between a pure multimodal transport and an expanded air transport. The main idea of this article is that under the expanded air transport, any carriage by land, sea or inland waterway only for the performance of a contract for carriage by air, for the purpose of loading, delivery or transhipment is still within the scop of air transport.

• The Journal of the Korean dental association
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• v.53 no.2
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• pp.96-102
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• 2015

There is a need to comprehend dental accidents accurately, and construct patient-safety-system in order to prevent consistently increasing dental accident or dispute. This study is aimed to provide basic data for an efficient counterplain by looking through and classifying already occurred dental accidents from an angle of patient safety. Recently, the number of dispute on dental implant was the highest according to rapid growth of dental implant. As a result of classifying dental accidents by International Classification for Patient Safety (ICPS), it is confirmed that cause of accident is different by each type of dental treatment. It is expected to help preventing and managing dental disputes properly by studying actual state of dental disputes in perspective of patient safety. Effort to reduce dental accidents and activity to pursue patient safety have thread in connection. I believe that financial profits of dental clinic and improvement of quality in dental treatment can be achieved through these efforts.

• The Journal of Information Technology
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• v.8 no.2
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• pp.27-42
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• 2005

The S.G. Policy form contains the words "the good ship or vessel called the.....". The words "good ship" mean that the ship is deemed to be seaworthy at the commencement of the voyage and this was very necessary in the day when a separate policy was issued for each voyage. In fact the warranty do seaworthiness still applies to all voyage policies. Nevertheless, the law does not apply an absolute warranty of seaworthiness to a time policy, so a ship is not required to be seaworthy at the time the hull policy is effected. The implied warranty of seaworthiness does not extend to good, for the underwriter is not responsible for their condition, apart fro the action of the perils insured against. The implied warranty of seaworthiness is limited to the vessel herself, and does not extend to a lighter or other craft used to convey the goods to the ship. The underwriters waive any breach of the implied warranties of the seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the assured or their servants are privy to such unseaworthiness of unfitness.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.113-135
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• 2013

Piracy has been an ongoing and serious problem in international shipping industry. Somalia is often in the news these days. Somalia has been in a state of unrest for more than two centuries. In recent times, the situation has remained unstable. The persistent unrest is the major driver behind the piracy epidemic in Somalia waters. By the MIA 1906, s.78(1), the expenses in order to be recoverable must have been "properly incurred". The underwriter is also liable in certain circumstances for expenses incurred by the assured in an attempt to avert or diminish loss covered by the policy, under provisions. This class of expenditure is commonly referred to as sue and labour expenses, or suing and labouring expenses; less commonly, as particular charges. The standard marine policy(the S.G.Form) contained what was invariably called the sue and labour clause, which has been replaced in the current Institute Clauses by the "Duty of Assured(Sue and Labour)" Clause in the Hull Clauses, and the "Duty of Assured" Clause, headed "Minimizing losses", in the Cargo Clauses. Sue and labour charges are not confined to expenditure on the part of the assured and his agents, but can include quantified loss consequent upon a sacrifice properly and reasonably made to avert or minimize an insured loss.

• Journal of the Korea Safety Management & Science
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• v.16 no.3
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• pp.307-316
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• 2014

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.